fnc. thanks to my panel. i'm paul gigot. we hope to see you right here >> judge jeanine: this week sworn testimony under oath by their staff absolutely contradicts the lies of the president, the secretary of state, the u.n. ambassador and their spokes people. h hello and welcome to "justice." i'm judge jeanine pirro. i don't know about you but i hate it when people lie to me. tell meow don't know but don't lie to me. don't tell me that four americans living in danger zone in a country that provides more homegrown killers of americans than any other country in the world were murdered because of a 10 minute video. this week the truth. they were denied the security

they asked for and their security level was reduced by the state department. not to mention their embassy didn't even meet the minimum physical standards of embassy security. the irony, the state department recognized the danger by giving them danger pay but refused to protect them in that very danger zone. the truth this week, there was no protest. it was not spontaneous. and it certainly was not about a film. and the obama administration knew it. what more do you need than seeing a black al-qaeda flag flying over our buildings within 24 hours of the attack? the truth? they had audio of this attack in real time with armed men on the ground telling them what was going on. they have surveillance video that shows that the consultate

was attacked from three sides. >> it is not the hardships. it is not the gunfire. it is not the threats. it is dealing and fighting against against the people, the programs and personnel who are supposed to be supporting me. and i added it by saying for me, the taliban is on the inside of the building. >> judge jeanine: and this week to add insult to injury, vice president biden claimed we didn't'tnow they wanted more security. time for the coverup. we didn't know or let's blame the intelligence community? but why lie? why? to cover up for an intelligence and security failure in which case you are incompetent. to continue the fiction that you killed al-qaeda in which case your foreign policy is totally inept. are you lying to get past an election that you so

desperately want to win? and if the facts clearly are showing that you lied about this, what else are you lying about? fox news chief intelligence correspondent catherine herridge joins us from washington. catherine, we are hearing this evening that there is a new security camera that apparently survived the attack outside of the consulate in benghazi. what can you tell us about that? >> based on my reporting what we know is there is 50 minutes of security camera video that survived from the consulate. didn't come from a single camera. it comes from several cameras on the compound. i'm told that the most important element of the video is that it does show some of these islamists, these jihaddists into the compound and you can see them in profile and this data point shows that it is terrorism and that these faces are being matched to known jihaddists and i think the bottom line is that once

again, this video shows that there was no demonstration outside of the consulate when the attack happened. therefore this idea that it was is a demonstration that was hijacked by terrorists or spun out of control and led to the assault again is false, judge. >> judge jeanine: was the white house seeing from this video surveillance camera, were they seeing this live or the state department? did they have access to the information that was on that camera? >> they would not have had access to that information on the camera at time. but basically a background briefing we had have state department officials this week we know that there were individuals on the phone with people at the consulate when it happened and the security said attack, attack as the men flooded into the compound. what i also know is that uav assets were moved into the region once the attack happened. will is at least surveillance video from the skies, drone video if you will of the last hour of the attack and also the

evacuation. so again, there was photographic evidence at least with the drone and then there was telephone evidence from the conversation and based on our reporting we believe that there was a strong view within the intelligence community within 24 hours that it was terrorism and that this videotape was not the driving force behind the assault, judge. >> judge jeanine: and what about the surveillance camera, catherine, who has it now? who has seen it? >> based on my reporting it is the property of the fbi. as you know the administration approached the attack as a law enforcement criminal matter. i also understand the cia has also seen the tape and the state department. >> judge jeanine: and we also understand, catherine, that the consulate did not meet the high standards that are required of all consulates? >> i'm glad you raised that point. we first reported here at fox news on september 28 that a type of waiver had been signed which meant the consulate in benghazi did not meet very is

specific state department security standards. you see if you have a posting in an area that is at high threat for terrorism or for civil unrest there are very specific physical security standards such as reenforced ballistic windows, doors, even the width and depth of the concrete to reenforce the windows and doors is dictated and this was waived in benghazi and because it was waived it meant there wasn't that hour of time which is what the standards are supposed to allow for in which an a.m. bass and his security team can destroy classified information and burn it and call in for security. we saw there was less than ten minutes for them to get to the safe room and that all of that sensitive documentation was left behind, judge. >> what we do know catherine based on your reporting which has been fantastic over this incident is the fact that there was no protest. there was no demonstration. that the white house had

information in real time at least audio and now has the visual that there was is no demonstration and that there was no ability to have that golden hour to destroy the classified documents. >> i think where the story goes from here and i had this from two military contacts is that they believe that the strike on the consulate in benghazi was preemptive by the al-qaeda groups in north africa and those sympathetic to their cause because they want to drive out the american influence in north africa and specifically what they saw as the growing cia presence in benghazi. and they have effectively done that at least in the short-term, judge. >> judge jeanine: catherine herridge thank you so much for being with us this evening. >> thank you for having me. >> judge jeanine: shawn smith one of four americans killed in benghazi was is a foreign service information management officer and state department official. his mother is in furiated with information that she is receiving from the white house. pat smith joins us now. good evening, pat.

>> hi there. >> judge jeanine: well, let me just start by saying there is no greater loss to any one than the loss of a child to a parent, a mother, especially for you, your only child. you raised him as a single mother. at most words but our condolences to you. >> thank you. >> judge jeanine: pat, tell me about your son shawn? >> what is there to tell. they killed him. he was working over there doing i don't know what he was doing. he never told me what he was doing but all i was trying to find out is what happened with him. >> and how did you find out, pat, that your son had been killed in benghazi? >> at 12:30 at night i got a telephone call saying your son is dead. >> judge jeanine: there was any more information that you received that the time?

>> at that time, no. all they did was cover the basics, you know, your son is dead and was killed in this attack and we'll find out more as we go along. >> judge jeanine: and when was the last time pat, pat, that you saw your son? >> june. >> judge jeanine: june of this year? >> it was in june, yes. i went to visit them in -- in -- that's right, in the haig. par are near. i forget every now and then. my brain is a little bit rusty already. i went there to visit him and we had a week together and i wentout and bought this outfit to celebrate and that is why i'm wearing it today. and that's it. i saw him and the kids and his

wife. >> judge jeanine: he had a wife and two children, i understand. how old are your grand children, pat? >> seven and six. and i have been told not to mention them or talk about them so. >> judge jeanine: and i understand that their mother wants to keep their lives as normal as possible. >> yes. >> judge jeanine: we just showed a picture of your son on the screen and every picture i have seen of him he seems like a happy person. i know that he was someone who smiled a lot and he seemed to love his life. he was in the air force. he was in the state department for ten years. i mean tell us about him. >> oh, god, how do you explain sean. i have been told that we look a lot alike and that we act a lot alike and i smile all the time and he did also. so he just -- you know, i brought him up to be -- to

just -- god, i can't talk. i brought him up to be independent and to do and to taste of life and to try everything and see what the world is all about and that s what he was doing. he did the best he could with what was developing over there. >> judge jeanine: let me ask you now about the fact that you don't believe that you have gotten straight answers from the administration. you met the president, the secretary of state, and susan rice and leon panetta when your son's remains were brought back to dover. tell us about that. >> oh, there were -- there was joe biden there also. we went do see the -- when they brought him on the airplane over there, and be nu put the coffins on the little bearers but i didn't get to see him and that bothered me a lot. >> judge jeanine: did you ask to see him, pat? >> yes, i did. but i understand i asked too late that he was already on the

airplane. but the airplane -- i could look out and see the airplane, though. >> judge jeanine: it was still there. but pat did the president speak to you personally about what happened to your son? >> yes. >> judge jeanine: what did he say? >> he says we will check it out and let you know. and that is what hillary said and panetta and joe biden and susan rice and they all said the same thing and after that i heard nothing until i finally talked to the people in the media. absolutely nothing. >> judge jeanine: what did the president say to you specifically and hillary clinton and leighann leon pane. did they say it was about a film? >> susan rice was the one that told me specifically it was a film and it was not any terrorist attack. >> judge jeanine: that it was not a terrorist attack? >> exactly. she said that days afterwards, too. when i saw her on tv.

they told me it was -- in fact, about three or four days later they were all -- all of those big shots over there were saying that it was not a terrorist attack. >> judge jeanine: did you inquire -- >> it didn't. it didn't gel right for me because of all of the other things that i heard. so and i can't tell you specifics. it is just that everything just did not add up right. >> judge jeanine: did they tell you what the cause of death was? did they tell you how he was killed? >> actually, yes, they told me yesterday. >> judge jeanine: yesterday was more than a month after your son's death. and you you asked them. >> you noticed that, didn't you? yes, that's correct. i asked every one of them and leon like i mentioned before leon panetta took his hands with my face and said trust me, i will tell you the truth. i will get the right

information to you. just trust me. and when i heard that i knew i couldn't trust him. and i don't trust any of them any more. they lied. >> judge jeanine: when you say they lied, they lied about the film and what else? >> well, everything they told me was i will let you know later because we really don't know too much right now. which is understandable. but they never got back to me. they -- once i walked out that door or once they walked out the door they didn't care and that is the feeling i got. that may be not be true but a that is the feeling i got because they he did not talk to me after that. >> judge jeanine: when you say that you spoke to the president how did he appear to you when you listened to him? what were your reactions? >> i liked him a lot. my son loved that man. and so i believed in him, too. i liked him an awful lot. but then as like i had

mentioned before i was crying on his shoulder. i cried on all of their shoulders. i'm a cryer i guess. i cried on their shoulders and he hugged me and then looked away and that was it. he looked away. just looked away, yes. i don't know what he was seeing. >> judge jeanine: when you say that the white house finally contacted you a month later after you were contacted the media did they give you any more answers about how your son sean died? >> yes, they did. yesterday, two people from the fbi and one from the attorney's office whatever office, u.s. attorney's office called me on the phone. they were all on the same line. and they started to say well, okay, what is it that you want to know, we will tell you anything you want to know now. but half of what they said i didn't believe anyway because it was -- they were still saying that it was not a

terrorist thing. >> judge jeanine: and when you hear, pat, like the congressional hearings this week when you hear information that the embassy didn't meet the standards required of embassies in zones like this, that they had asked for more security, and you think about the fact that your son died, how does it make you feel? >> well, you just picture a big hole in front of you and then drop into it. that is pretty much it. what can you say when your only child dies? and you can't -- you can't twist the information from them. i tried everything. i tried talking to them. asking them please tell me. and they said we will get back to you. and we will send you a tape of the arrival over there in andrews i guess it was. i'm still waiting for that tape. or the cd. >> judge jeanine: pat, why do

you think your son was murdered? what do you attribute it to? >> i don't know why they did that to him. the only thing i could do is just take a good guess and my guess is that he knew too much over there. he knew -- he was the information officer and i have a feeling although i don't have any proof of anything, i have a feeling that he died there because he was trying to destroy some information. classified information. >> judge jeanine: really? >> but that like i said that is only a feeling only because he supposedly was the first one killed and he was not with the others. why did he stay back? how come -- how come he was the first one killed and then when they found him i guess they took his body into a jeep come place and took off and -- some

place and took off. but everybody didn't go at same time. i don't know why they didn't go at the same time but the ambassador, they came back to pick up the ambassador and came back to pick sean up and came back for all these things. why were are they all not together and were there other people in the embassy over there that got away from it? and i found out yesterday i think it was that, yes, there were other people that were taken out of there. but i don't know who they are. >> judge jeanine: pat you you said something very interesting and you heard about the golden hour when they are supposed to destroy classified information and i'm sure you heard testimony they only had 15 minutes to do that. given your son was the information management security person and a computer person do you think he hung back to do that, to destroy? >> i think so. but i don't know. >> judge jeanine: of course, not? >> i didn't even know he was is there 86 didn't even know he was in benghazi he. so i don't know.

finally, pat -- he didn't tell me that. >> what you think or what would you tell the president now if you had an opportunity to talk to him again as you did almost a month ago? >> oh, that would be very easy. very easy. i would just look him in the eye and say tell me what happened. how did my son die. why did he die? why especially why weren't there any security people? at this point in time i'm still under the assumption that there were -- they told me there were five security people there. where are they? who were they? and why didn't they do something? well, what happened? just some of those security people got killed and some did not. why? >> judge jeanine: it is interesting, pat. you mentioned five. we keep hearing four. who used the number five? >> five got away. the four are the ones that got

killed. then somebody was telling me yesterday i believe it was that there were five security people there. i don't know what security people there were. >> judge jeanine: okay. >> and in the newspaper it was telling me that the -- it is the sail thing in fact biden was saying in his little speech that -- what? >> judge jeanine: you know what, pat, we are going to have to wrap it up now. i just want to say that we very much appreciate your coming on. >> okay. >> judge jeanine: we appreciate appreciate your sharing your thoughts us us and again our thoughts and prayers are with death of your son your son who who was a hero. >> help me find out what happened to him. >> we are are going to try. >> i want to know what happened to him. did they drag his body to the street? i don't know. >> judge jeanine: thank you, pat. pat smith thanks so much. >> okay. >> judge jeanine: coming up, congressman goudy.

congressman goudy. and the romney ryan ♪ one, two, three, four ♪ ♪ you say ♪ flip it over and replay ♪ we'll make everything okay ♪ walk together the right way ♪ do, do, do, do

>> judge jeanine: during this week's house oversight committee hearings south carolina congressman demanded to know why the obama

administration lied. take a listen. >> this was never about a video. it was never spontaneous. this is terror. and i want to know why we were lied to. >> judge jeanine: congressman trey goudy joins us from south carolina. thank you for being with us this evening. >> yes, ma'am. thank you, judge. >> judge jeanine: you were at the hearing. you were certainly fired up and i think most americans would agree with you. what did you hear this week? what did you hear and what was your impression of the testimony? >> well, the evidence is overwhelming that the last people in the western hemisphere to know that libya was a violent place were the folks in our state department making the decision on whether or not to provide extra security. the evidence is overwhelming. 200 something episodes escalating in intensity of violence. so what we learned is that we were correct there was a request for additional security that was made.

not only was that request not honored they actually decreased the amount of security and as you mentioned in your opening remarks, they tried to mitigate that by offering hazardous duty pay for those who remained. i think it is clear now, to everyone except perhapses this administration that this had nothing to do with the video. it was not a spontaneous. it was premeditated. preplanned. and it was directed to drive america either out of libya or to punish us for things that we have done in the past. where i would like us to go now, i want to ask susan rice >> judge jeanine: other than when you came in front of the american people and said in fact that this was spawned by a video clark that is language that means something to you, judge. it means a lot to me when you talk about concrete evidence and used the phrase in fact.

here is frustration. the last thing pat smith said is a she wants to know what happened to h her son and why. and it is going to be up to the same government that heretofore misled her about the circumstances. that same government is going to be providing her the answer. i don't think it is too much to ask for us to level with the family members of those killed and the american people about the circumstances. i think he said i'm not mad you lied to me, i'm mad that i can't believe anything else you tell me. >> judge jeanine: somebody lies about one thing you can assume they are lying about other things as well. if you get ambassador rice in front of this committee, do you think that she will admit and by the way she is missing in action. we haven't seen her since that sunday. do you think that we will find out who told her to say it was

about a video? and my second question, congressman, why her? why did they put her up in front of the american people? could it be because hillary clinton is leaving in a month and she would be indebted to the white house if she spun this tale of fantasy to fill hillary clinton's shoes? >> well, it as pattern of this administration and we saw it with fast and furious that you often times put the least knowledgeable person in a position to testify before congress or to speak. that way you have plausible deniability when you are wrong. i would like to have susan rice because i want to ask her directly under oath you said you got this information from the intelligence community. who told you? who -- i want names. i don't want theories and ideas. who specifically told you that this was a video. and i would like to ask secretary clinton you said it was a video. who told you? there is nothing like the power of putting somebody under oath. >> judge jeanine: congressman, i totally agree with you and

hopefully this committee will continue the important work it is doing. the american people are relying on the information and the truth. congressman gowdyle thanks for being with us this evening. >> thank you, ma'am. >> judge jeanine: coming up, president obama promised a strong response to the deadly attack in libya. so what are we waiting for?

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rafferty. two american navy vessels collided off the eastern coast of the united states this, is a file picture of the nuclear submarine that collided with the uss san jacinto. there were no injuries. bonl ships were conducking routine training at that time. the navy telling the u.s. this incident is under investigation. a daredevil sky diver hoping to set a new record sunday. if the weather cooperates he will jump from a capsule suspended from a helium-filled balloon. he is aiming to break a parachuting record and become the first sky diver to break the sound barrier. the jump has been postponed twice because of high winds. now back to "justice with judge jeanine". jeanine. >> let me get my sentence out.

this administration treated this entire tragedy with the ut most seriousness to get to the bottom of the attacks. >> hold the perpetrators accountable. make sure it never happens again. >> judge jeanine: you would think the loss of four american lives would bring a response. are we a paper tiger? retired attorney general john macaearny joins us this evening. >> thank you, judge. >> judge jeanine: i want to ask you a question. if we are looking to get justice and get to the bottom of this, why are we sending the f.b.i. in later? >> we want to stall it through november 6th. it was an act of war. the f.b.i. should not be involved, judge, you know that and the facts are if it went in the military chain, we would know two days later what

happened. we know where the people are. >> judge jeanine: why do you say that? >> i know we had a predator drone over in the end of the exercise . they obviously have certain forencic. they have their name and space. let's not kill ourselves >> chris: why would the administration not address the murder and violent murder of four? and they had asked for help and security? >> judge, i don't know that why they haven't. it should have been immediately. it was a terrorist attack by radical islamist . the fact is, it is that simple. they went through an elaborate cover up process and i believe it was purely to give time to the political process. we knew the first night what happened. they were talking to the tech

operation center talking to tripoli. and the head quarter in germany and talking to the state department. i can assure you, they were not telling them this was a spontanous uprise people coming along and because of a film. >> judge jeanine: general, let me ask you this. does this infurerate you. when people lie to me, it makes me crazy. >> it infuriates me because where is our military. intelligence community is thrown under the bus and they knew what it was. we have senior people that are not breaking this open and they ought to break it open. >> judge jeanine: you know what i think general, i think the whistle-blowers are in a huddle. but joining the general is former commander of the uss cole . a former officer who led the u.s. response to the east african on bombings in 1998 .

journalist and writer of the book we must defeat radical islam and how to do it. i will start with you kirk and gary join n what is your reaction to the intelligence and the sworn testimony under oath that we are hearing that this administration lied to us. not once but over and over? >> i am absolutely stunned and i agree with the general in that this is nothing more than a delaying tactic and hoping that the american people will put it aside and cast a degree of doubt on the whole situation and they can get through the election. the parallels between the case and uss cole are striking. we were hit one month before the election. the embassy attack two months. clinton administration delaying and the obama administration delaying and hoping to get through it they don't care about the sworn

testimony. they are willing to take the heat for political purposes. >> judge jeanine: you are say is about the motivation . wouldn't american people say go get them. we keep giving them aid without restriction? >> the obama administration in this thing just like the clinton administration, does not care about what the american people think of this incident. >> judge jeanine: okay. >> they care about power and reelection. >> judge jeanine: gary, you were involved in securing the embassy, talk to me about what you do? >> in east africa after the attacks, we deplayed over two hours when that embassy was attacked we deployed. the decision was made and we moved to an aircraft and loaded it and we were on the ground in east africa in 26 hours >> chris: you were on the ground after an incredible

terrorist. >> double bombings of two embassy it is about leadership. i saw the department of the state and heard testimony that said the rationale we couldn't get to benghazi because they couldn't get visas. they is insanity. people ha have gotten on planes and agency and f.b.i. had military people there to moving the aid to the embassy that was under attack and it was weakly control would by the government. you move to save your people first and worry about diplomatic nicities. >> judge jeanine: gary, i absolutely agree wu. i want to bring in brajed in next. we knew that al-qaida in northern africa, and not just recruiting, they were about to be operational. we knew that why do you think that the administration is

ignoring the reality of what the intelligence community told them. >> because they wanted to sell the american public on the idea that al-qaida is not a threat. we killed osama bin laden and we solve would the war on terror and it is over and look at all of the changes i brought you and you can sleep in peace. the administration was purposely deceiving the american public and lulling us to sleep again. >> judge jeanine: how strong is al-qaida now? >> it is rise coming back in iraq and yemen and north africa and somalia and the balkans. >> judge jeanine: should there be an engagement by the united states? >> we should covertly take out the threats. it is not only al-qaida but it is muslim brotherhood etset rampt >> judge jeanine: commanders and thank you for being with us this evening. >> the mitt romney campaign is

hiding the debate. we'll have the latest poll numbers .

>> judge jeanine: election is over a less than a month away. fox news contractor is joining us. all right folks. first thing i have to ask you. i thought joe biden was high and maniac and he was so over the thought and interrupted 82 times and there are people who say in substance he did well. >> they are saying if you watch cnn and msnbc he won and watch this ryan won. i thought chuckles the cloud which i prefer to was biden

and was a moron . i blame it on the moderator. >> judge jeanine: one person the person who gained was joe biden's dentist. we'll talk about with the debate between romney and obama. they are surging on the behalf of the romney. and it didn't change on the vp. >> the race is dead even. there is clear movement and romney is ahead nationally and moving in all of the swing states except ohio is a make or break debate for both sides. if romney wins, he will confirm to be the front runner. obama needs to win. >> the burden is on both of them. obama has to do a better than last time. >> we are getting a bump off

of fund raising . he's raising more money than romney has. >> judge jeanine: given that romney is doing better. even if obama does great and becomes more like he wants the judge-- job. you think it will. >> it will get us to the third debate and libya and what happened. what happened. that will be the central. and the more you have out in the media. it is how they prevented it and worst it is going to be for obama which is already bad. >> what is clear. and that is no matter how well he does. the bottom line. the president believes he can hold the race even and his

ground game will carry the day and if not in the swing states of ohio. and it is it a fantastic debate on . >> we will the president is counting on the opposite. >> judge jeanine: coming up. they break down the latest this is awesome! folks who save hundreds of dollars switching to geico sure are happy. i'd say happier than a slinky on an escalator. get happy. get geico. melons!!! oh yeah!! well that was uncalled for. folks who save hundreds of dollars switching to geico sure are happy. how happy, ronny? happier than gallagher at a farmers' market. get happy. get geico.

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>> judge jeanine: my next guest knows what voters are thinking. frank is here with me. >> thank you . sometimes i want them out of my head. that's all i hear sevendays. i am going to do 350,000 miles on planes and i will be in 32 or 35 states. >> judge jeanine: everyone wants you. that's the truth and we want to know that because you interpert voters reaction to statements, i want you to take a look at this. biden comments on libya and the excuse that he offered, can you tell us and describe what that is? >> higher the lines climb more

positive the reaction and that's coming down. that his worse moment in the debate and he said i didn't know what was going on. voters look at this and said how could you not know and in the administration be surprised by that day and a week later. what the vice-president doesn't realize this is why so many americans doubt this administration. they are not knowing what they supposed to know and what they think they know is proven wrong. did you see any other drop like that. he was fabricating he didn't know. >> we did this for fox nation. what you didn't see in the dials is how many people were soagitated with biden's rudeness. he was rude and they expect

you to be passionate but not cut people off. and they were furious and the laughing and you can't see it in the dials. you can only see in the reaction afterwards. to interrupt someone 82 times. >> brian: you counted. >> judge jeanine: ah 82 times other than there is an obama adup there. tell us what is happening? >> this is a very strong attack and what the obama people were trying to do. they are trying to focus on the fren percent . they keep using that number. i expect you will hear it a lot on tuesday night. romney apologized for it and said it was a mistake to do. what i would recommend the romney campaign to say. you have divided one perse

have you seen 99 percent. you started this whole process and you have to be president of one nation and one people and one effort and one future and romney needs to hit it head on. >> judge jeanine: what about the idea of the heart break. heart beat away from the presidency ad. tell us about that. >> it was an attempt by the third party efforts to make fun of the things joe biden said. now they have the debate and no one cares. they are looking at the two leaders. romney would win the popular vote and barack obama would win the electoral college. >> judge jeanine: there is a resurgance and romney can parlay. >> he has to win one of the debates. it is great to. >> judge jeanine: that's it for us tonight. thank you, follow me on judge

jeanine and soa you next week and follow us on facebook and i have five seconds and so i will see you next week.